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Eugene M. Zweiback v. U.S. Bank, et al. (In re Rosen Auto Leasing, Inc.), Ch. 7, BK02-81781, A03-8011 (Sept. 17, 2004)

Plaintiff's investment in preferred stock of the debtor, purportedly secured by a deed of trust, is not a lien pursuant to section 101(37) of the Bankruptcy Code, and the claim based on that investment should be equitably subordinated under section 510(c).

Date: 
Friday, September 17, 2004
Judge: 
Judge Timothy J. Mahoney (Retired)